Clifford v. Daugherty

In order to avoid the constitutional question determined by the trial court, the Court of Appeals construed the six-year limitation period of R. C. 4123.52 to be inapplicable to claimant. Though we affirm the Court of Appeals’ judgment, we reach the constitutional issue since the Court of Appeals erred in construing the statute.

*416I.

Prior to January 1, 1979, R. C. 4123.52, in relevant part, provided:

“The jurisdiction of the industrial commission over each case shall be continuing, and the commission may make such modification or change with respect to former findings or orders with respect…